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Westminster Watch - December 2013

End of term report. As 2013 draws to a close, Toby Craig reviews the past 12 months in Westminster.  

As the finishing touches are applied to the 2013 review shows and we reflect on another passing year, it’s natural to turn our minds to what the past 12 months will be remembered for. There was no Olympics, no glorious summer of sport (though Andy Murray did  win Wimbledon, which probably makes up for all of that and more) and no seismic political changes at the ballot box. The third full year of the Coalition Government, perhaps like that difficult second album, has been one of consolidation, strained relations and a relentless and determined push towards the finish line. 

30 November 2013
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Westminster Watch - November 2013

Drinking in the Last Chance Saloon; Toby Craig asks if press regulation is now an inevitability.  

Party conferences and a bit of feng shui in the form of a pretty unexciting reshuffle grabbed some of the headlines in recent weeks. Shailesh Vara replaces Helen Grant as Parliamentary Under-Secretary in the Ministry of Justice, as she moves to the Department of Culture, Media and Sport. A former solicitor, Vara’s brief will include legal aid and regulation. In the long run though, it’s just yesterday’s fish and chip paper (a position to which WW continues to aspire). But there is one story which simply refuses to go away and which continues to catch WW’s eye. That is the vexed question of who gets to say what can be written on tomorrow’s fish and chip paper? 

31 October 2013
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Westminster Watch - September 2013

As party conference season approaches, all the political parties are jockeying for position, as Toby Craig reports  

Later this month, we are expecting the second legal aid consultation, which will quickly absorb the collective minds of the legal profession once again, after an all too brief hiatus. But, of broader interest outside our immediate concerns, Westminster Watchers will be casting their eyes to Glasgow, Brighton and Manchester as party conference season begins again. As the penultimate showcase annual gatherings before the next general election, these are taking on increasing significance as the lines of division between the parties are drawn up, redrafted, polished and set in the run-up to 2015. 

31 August 2013
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Westminster Watch - August 2013

Toby Craig watches the legal aid consultation drama continue to unfold  

Nobody’s going on a summer holiday... 

31 July 2013
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WestminsterWatch - July 2013

As scandal sweeps through the corridors of power again, Toby Craig surveys the political scene  

School for scandal
Fifty years ago last month saw the culmination of one of Westminster’s defining scandals, the Profumo Affair. On 5 June, 1963, Secretary of State for War, John Profumo, finally resigned from Cabinet, having lied about an affair with Christine Keeler. Sex, lies, espionage; it had everything. One might be forgiven for thinking that it would also serve as a lesson for the next generation of politicians, and the one after that, and the one after. But alas, when it comes to the lawmaking fraternity, scandal is never that far from the surface. And so it proved as the whiff of impropriety wafted through Westminster and Whitehall once more. 

30 June 2013
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WestminsterWatch - June 2013

With responses to the Ministry of Justice’s consultation paper on legal aid flowing in, Toby Craig considers the changing landscape  

The only game in town
This month’s WW will be landing on desks just as the finishing touches are being applied to a large number of responses to the Ministry of Justice’s Transforming Legal Aid  consultation paper. One could be forgiven for thinking that was the only game in town. One could also be forgiven for hoping that the various consultation responses are read with more care and attention. It hasn’t always been the case. 

31 May 2013
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WestminsterWatch - May 2013

Toby Craig reflects on Lady Thatcher’s passing, cuts, cuts and more cuts and the challenges facing the criminal Bar  

For whom the bell tolls...
A busy month in Westminster included the budget, the dreaded implementation of LASPO, the long-awaited consultation on criminal legal aid and an LSB grilling before the Justice Select Committee. We will get to all of those, but this month’s WW could only properly start in one place. 

30 April 2013
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Westminster Watch - April 2013

Toby Craig looks at an eventful month inside and outside the Palace of Westminster and the lessons to be learnt  

The Rise and the Fall 

What price success? Or, as Chris Huhne might be asking himself, what Pryce success? As the door of his Wandsworth prison cell clattered behind him, Huhne began to learn a lesson which few politicians (or citizens) have to suffer about the consequences of our actions. However, the tangled web woven, a tapestry of lies unravelled before a packed Southwark Crown Court as Huhne pleaded guilty to perverting the course of justice and his ex-wife, Vicky Pryce, was convicted, at the end of a second trial, of the same offence. Both were sentenced to eight months’ imprisonment, with very little sympathy expressed by Mr. Justice Sweeney. Moral judgments to one side, it is a sorry saga from which none of the parties emerge with much credit. With his political career in tatters, like Jonathan Aitken before him, perhaps Huhne will find a new cause to devote his time to after the humiliation of incarceration. 

31 March 2013
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WestminsterWatch - March 2013

Intrigue, scandal and everything in between. Toby Craig examines the state of play in Westminster  

Wedded to Europe?
There are some months when churning out a thousand words about life in Westminster can prove something of a challenge. It is at times like that when reports penned by Sub-Committee F of the joint taskforce on judicial stationery suddenly seem appealing. And then, there are bursts of such frenetic and potentially historic activity that it’s hard to know where to start. Whilst a happy medium is usually preferable, this month, there is no shortage of drama. 

28 February 2013
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WestminsterWatch - February 2013

When the facts change. Toby Craig examines Coalition mid-term policies and progress   

Politicians are often accused of not keeping their promises. There’s a good reason for that; they often don’t. And there’s usually something to hide behind. 

It has, however, become unusual for governments to provide full assessments of the promises they made and whether or not they have kept to them. Labour had its annual reports under Tony Blair, but these were quickly slipped back into the cupboard as their political inconvenience became clear. Whether it was by accident or design, that is exactly what the Coalition Government has produced in its mid-term review. Given the memo which Number 10 adviser, Patrick Rock, inadvertently revealed to Downing Street photographers, which warned of ‘problematic areas’ which might produce ‘unfavourable copy’, there were certainly questions raised at the heart of Government as to how extensive the published material would be. 

However, whether or not that forced the Coalition’s hand, the warts and all review was released and was ultimately a fairly dry and technical progress report, detailing the 70 or so unfulfilled promises, including in criminal justice. There weren’t all that many headlines; the interest, as ever, was more with the perceived potential cover-up than the act itself.
Well, perhaps breaking pledges is not always a bad thing. As Keynes was reported to have asked, “When the facts change, I change my mind. What do you do, sir?”, and the economic situation (or at least our understanding of it) has steadily worsened throughout this Parliament. It is of greater concern when politicians rigidly stick to their guns in the face of all evidence to the contrary. (LASPO anyone..?) 

One for all and all for Onesie
All this seemed like a good time for Nick Clegg to hit the airwaves and take his case to the voters directly. Perhaps remembering his success at answering unseen questions during the election campaign (rather than looking fairly glum on the Government benches), he engineered a regular radio slot on LBC and largely came across quite well, reiterating the Lib Dems’ commitment to the Coalition and, somewhat bizarrely, his ownership of the latest fashion must-have, the Onesie (soon to be seen in robing rooms across England and Wales, no doubt). 

It is no bad time to be challenging the public’s perception of Parliamentarians. With the expenses scandal still fresh in all of our minds, and with many previous ‘entitlements’ now unavailable, a YouGov poll, commissioned by IPSA, found that 69% of MPs felt they were underpaid, with the average suggested uplift being from £65,738 to £86,250. There’s probably a strong case to be made in favour of that view (particularly if we want to attract the best possible candidates away from the private sector). Although MPs are now unable to award themselves pay rises, when there are not insignificant numbers of people choosing between food and fuel, it seemed an unfortunate time to hold that view. Instead, they will have to settle for a 1% rise. What’s more, there is unlikely to be much sympathy in large swathes of the public sector (not least the legal aid Bar) where cuts remain the order of the day. 

Picking at an old wound
But whilst fixating on their pay, that other old obsession, at least of Conservative MPs, is never too far from the surface; the perennial problem of Europe. As WW went to press, the Prime Minister was preparing to deliver a long-awaited speech on the relationship between the UK and the EU, with many expecting some form of referendum to be promised for the next Parliament, should the Conservatives win a majority. This could fairly be described as Cameron’s best attempt to kick the issue into the relatively long grass, whilst seeking to head-off UKIP’s attraction to the Tory Euro-sceptics looking for a suitable home for a protest vote. It is unlikely that either the Prime Minister or the Chancellor seriously wish to contemplate a European exit, but there is a growing and vocal move to force their hand into action, not least from the Party’s 2010 intake. Whether Cameron will be able to placate everyone with one rhetorical flourish seems unlikely. President Obama’s second inaugural address seems a more straightforward task in comparison. 

Still on probation
Meanwhile, as Chris Grayling still settles in to his new role in the MoJ, prisons and rehabilitation continue to dominate his in-tray. The potential undoing of many Home Secretaries until responsibility for prisons was shuffled over to the Ministry of Justice, dealing with offenders appears to be dominating the new Justice Secretary’s time. Indeed, other than a few mutterings about a legal aid review, there has not been much time for the huge issues of LASPO, criminal contracts, regulation, the international growth of the legal services sector or a number of other issues uppermost in the legal profession’s mind. The latest issue is over who should take responsibility for the probation service, as Grayling announced that the public probation service would focus only on the most dangerous or high-risk offenders. 

A wholly outsourced system, the Lord Chancellor admitted, will not produce instant results (after so many false starts, it doesn’t seem like anyone could reasonably expect such a thing; but since when was the criminal justice system judged against reasonable expectations?). The new system will rely upon a hybrid of public, private and voluntary services. It is a major and ambitious proposal, which met with aggressive opposition from many working in the sector, who branded the move as purely ideological and lacking an evidence base. 

Whichever side of the argument one assumes, it is clearly a political minefield. With recidivism still an enormous problem, however much expectations are managed, a few high profile incidences of re-offending by those under new arrangements are bound to grab headlines and cause difficulty. All this reiterates the inherent barriers in having to tackle such a breadth of policy areas within one Government Department and whether each is able to demand the attention they deserve. 

A busy and acrimonious start to the year in Westminster then, with more focus on the success or failure of Government initiatives and pledges than on the light legislative agenda. Whatever is produced by the spin machines on either side, almost every policy will eventually return to affordability, and in turn to the size of the deficit. In that respect, there’s nowhere to hide... 

Toby Craig is the head of communications at the Bar Council. 

31 January 2013
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Hope and expectation for the new legal year

The beginning of the legal year offers the opportunity for a renewed commitment to justice and the rule of law both at home and abroad

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